H0364B4017A06431 LKK:CMD 06/24/20 #90 A06431
AMENDMENTS TO HOUSE BILL NO. 364
Sponsor: SENATOR BARTOLOTTA
Printer's No. 4017
Amend Bill, page 8, lines 20 through 30; page 9, lines 1
through 30; page 10, lines 1 through 7; by striking out all of
said lines on said pages and inserting
(1) The following shall apply to notice of violation:
(i) In the case of a violation involving a vehicle
registered under the laws of this Commonwealth, the
notice of violation must be mailed within 30 days after
the commission of the violation or within 30 days after
the discovery of the identity of the registered owner,
whichever is later, and not thereafter to the address of
the registered owner as listed in the records of the
department.
(ii) In the case of vehicles registered in
jurisdictions other than this Commonwealth, the notice of
violation must be mailed within 30 days after the
discovery of the identity of the registered owner and not
thereafter to the address of the registered owner as
listed in the records of the official in the jurisdiction
having charge of the registration of the vehicle.
(iii) A notice of violation under this section must
be provided to an owner within 90 days of the commission
of the offense.
(iv) The notice of violation shall have attached to
it a copy of the recorded image showing the vehicle; the
registration number and state of issuance of the vehicle
registration; the date, time and place of the alleged
violation; that the violation charged is under section
3345 and instructions for return of the notice of
violation; and for how to request a hearing with the
magisterial district judge for the purpose of contesting
liability or notice.
Amend Bill, page 10, lines 21 through 30; page 11, lines 1
and 2; by striking out all of said lines on said pages and
inserting
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(3) The following shall apply to contesting liability or
notice:
(i) An owner to whom a notice of violation has been
issued may, within 30 days of the mailing of the notice,
contest the liability alleged in the notice of violation
by requesting a hearing with the magisterial district
judge where the violation occurred and completing the
payment of applicable civil filing fees.
(ii) The primary police department shal l file the
notice of violation and supporting documents with the
magisterial district judge where the violation occurred
and the court shall hear and decide the matter.
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See A06431 in
the context
of HB0364